Commercial traffic in limbo on Rt. 209 in Delaware Water Gap National Recreation Area

Beth BreljePocono Record Managing Editor

Sunday

Sep 27, 2015 at 8:55 PMSep 27, 2015 at 8:55 PM

When the law expires Wednesday, it's not clear how heavy trucks will be regulated

The law that allows commercial traffic on Route 209 from Bushkill to Milford expires on Wednesday, and it is still unclear what will happen Thursday.

That stretch of road, the most direct route between Stroudsburg and Milford, runs parallel to the Delaware River in the Delaware Water Gap National Recreation Area.

Route 209 is the only road operated by the National Park Service anywhere in the country that allows commercial traffic, and that permission took an act of Congress.

In 1983, H.R. 3721 was passed, allowing certain commercial vehicles to use Route 209 within the park, and for the Park Service to collect fees from those vehicles.

Authorization for the allowance was to be done in 10-year increments. In 1995, Congress extended the rule to 2015.

It is a complicated agreement that allows local trucks from Pennsylvania, plus up to 100 trucks a day from Orange and Sullivan counties in New York, to cross through the park. No trucks from New Jersey are allowed, however.

Smaller commercial vehicles, such as a local plumber making a house call, are not supposed to use Route 209. They should use Route 2001/Milford Road. But Park Service has been lenient in enforcing this through the years.

The agreement, put in place when there were more local trucking companies, was meant to be transitional, not permanent. Since at least 2013, park officials have indicated that, in part because there are fewer local trucking companies today, it is time to start phasing out commercial traffic.

Park Superintendent John Donahue has been in talks with local township and Pike County officials since at least 2013, working on compromise language for new legislation.

“Congressman (Tom) Marino's office is working on new legislation that would extend the commercial vehicle exception under certain conditions,” Park Service spokeswoman Kathleen Sandt said. “There is no official NPS position on that legislation until the bill is 'dropped' and we are asked by Congress to comment. That position would need Department of Interior and Office of Management and Budget approval, usually delivered through testimony.”

What does the new bill propose? It hasn’t been made public yet.

“The bill cannot be introduced until Monday, when the House reconvenes for legislative business,” said Ryan Shucard in an email.

He is the press secretary to Congressman Tom Marino, R-10. “The congressman hoped to introduce it (Friday) but due to the events of the day and the change in the schedule, we had to move it to Monday. As for prospects of getting it passed, we are in discussions with the Natural Resources Committee (the committee of jurisdiction) who hope to expedite it through committee and get it to the floor of the house as soon as possible. Congressman Marino fully realizes this is less than ideal when it is so close to deadline, but he is pushing to get it done with every option at his disposal.”

If legislation is not approved by Wednesday, the rules of the road will default to the usual Park Service roads policy: No commercial vehicles will be allowed.

How will Park Service enforce that?

“We are working on a plan of action for Oct. 1 should new legislation not be passed by the Sept. 30 expiration date,” Sandt said. “We had hoped there would be new legislation in place before the deadline, and we would have that guidance in place. Without that, as of Oct. 1, NPS Management Policies would say that commercial vehicles are, in most cases, prohibited from NPS roads.”

But Congress also has to pass a budget this week. If it doesn’t, there is a chance Park Service staff could be furloughed and federal land could be closed at the same time the Route 209 law sunsets.

All of these scenarios will have an impact on users of Route 209, but just what that impact will be is unclear until later in the week.

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